Firearms Act 1965
CHAPTER
44
ARRANGEMENT OF SECTIONS
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Carrying firearms with intent to commit a serious offence
or resist or prevent arrest.
Carrying firearms in a public place.
Trespassing with firearms in a building.
Trespassing with firearms on land.
Powers of constables.
Extension to Scotland of section 23 of principal Act.
Increase in severity of sentences under principal Act.
Conditions of registration of firearms dealers.
Miscellaneous amendments of principal Act.
Interpretation.
Short title, citation, construction, extent and commencement.
SCHEDULES:
Schedule 1 —Offences to which section 1 of this Act and
section 23(2) of the principal Act apply in
Scotland.
Schedule 2—Increased sentences under principal Act.
A
Firearms Act 1965
CII. 44
ELIZABETH II
1965 CHAPTER 44
An Act to amend the law relating to firearms, imitation
firearms and ammunition; and for connected purposes.
[5th August 1965]
IT ENACTED by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:—
B
E
1.—(1) Any person who has with him a firearm or imitation Carrying
firearm with intent to commit an indictable offence, or to resist
arrest or to prevent the arrest of another, in either case while he
has the firearm or imitation firearm with him, shall be liable on a serious
conviction on indictment to imprisonment for a term not offence or
resist or
exceeding ten years.
prevent
(2) In proceedings for an offence under this section proof arrest.
that the accused had a firearm or imitation firearm with him
and intended to commit an offence or to resist or prevent arrest
shall be evidence that he intended to have it with him while
doing so.
(3) Tn the application of this section to Scotland, for the
reference to an indictable offence there shall be substituted a
reference to any offence specified in paragraph 1 or paragraph 2 of
Schedule 1 to this Act.
2. Any person who without lawful authority or reasonable Carrying
in a
excuse, the proof whereof shall lie on him, has with him in a firearms
public place.
public place any loaded shot gun or loaded air weapon or any
other firearm (whether loaded or not) together with ammunition
suitable for use in that firearm shall—
(a) be liable on summary conviction to imprisonment for a
term not exceeding six months or a fine not exceeding
two hundred pounds or both;
2
CII. 44
Firearms Act 1965
(b) unless the firearm is an air weapon, be liable on conviction
on indictment to imprisonment for a term not exceeding
five years or a fine or both.
Trespas;sing
3. Any person who, while he has a firearm with him, enters
or is in any building or part of a building as a trespasser and
without reasonable excuse, the proof whereof shall lie on him,
shall—
(a) be liable on summary conviction to imprisonment for a
term not exceeding six months or a fine not exceeding
two hundred pounds or both;
(b) unless the firearm is an air weapon, be liable on conviction
on indictment to imprisonment for a term not exceeding
five years or a fine or both.
Trespassing
with firearms
on land,
4. Any person who, while he has a firearm with him, enters
or is on any land as a trespasser and without reasonable excuse,
the proof whereof shall lie on him, shall be liable on summary
conviction to imprisonment for a term not exceeding three
months or a fine not exceeding one hundred pounds or both.
Powers of
constables.
5.—(1) A constable may require any person whom he has
reasonable cause to suspect of having a firearm, with or without
ammunition, with him in a public place, or to be committing or
about to commit an offence under the foregoing provisions of
this Act elsewhere than in a public place, to hand over the firearm
and any ammunition for examination by the constable, and any
person having a firearm or ammunition with him who fails to
hand over the firearm or ammunition when required to do so
under this subsection shall be liable on summary conviction to
imprisonment for a term not exceeding three months or to a
fine not exceeding one hundred pounds or both.
(2) If a constable has reasonable cause to suspect any person
of having a firearm with him in a public place or to be committing
or about to commit an offence under the foregoing provisions of
this Act elsewhere than in a public place, the constable may
search that person and may detain him for the purpose of searching
him.
(3) If a constable has reasonable cause to suspect that there
is a firearm in a vehicle in a public place, or that a vehicle is
being or is about to be used in connection with the commission
of an offence under the foregoing provisions of this Act elsewhere
than in a public place, he may search the vehicle and for that
purpose require the person driving or in control of it to stop it.
Firearms Act 1965
CH. 44
3
(4) A constable may arrest without warrant any person whom
he has reasonable cause to suspect to be committing an offence
und[er the foregoing provisions of this Act or under section 17
(prohibited weapons and ammunition), section 21 (prohibition
on ex-prisoners and others from possessing firearms and ammunition) or section 24 (shortened shot guns) of the principal Act.
(5) For the purpose of exercising the powers conferred by the
foregoing provisions of this section a constable may enter any
place.
(6) A constable may seize and detain any firearm or ammunition
which may be the subject of an order for forfeiture under section 25
of the principal Act (power of court to order forfeiture of firearms
or ammunition on conviction for certain offences).
(7) Subsection (5) of this section shall not be construed as
prejudicing any power of entry exercisable by a constable apart
from the provisions of that subsection and subsection (6) of
this section shall not be construed as prejudicing the power of a
constable, when arresting a person for an offence, to seize property
found in his possession or any other power exercisable by a
constable apart from that subsection of seizing firearms, ammuni-
tion or other property.
6.—(l) Section 23 of the principal Act (illegal use and possession Extension
of firearms or imitation firearms), except subsections (4) and (5) to
thereof, shall extend to Scotland; and accordingly at the beginning
of subsection (7) of that section there shall be inserted the words Act.
"Subsections (4) and (5) of ".
(2) In the application to Scotland of subsection (2) of the said
section 23 for any reference to Schedule 3 to the principal Act
there shall be substituted a reference to Schedule
1
to this Act.
7. A person who after the coming into operation of this Increase in
section commits an offence under any of the provisions of severity of
the principal Act specified in column 1 of Schedule 2 to this Act SenrnCeS
shall (instead of being liable to be given, on conviction as
mentioned in column 2 of that Schedule, a sentence specified in Act.
that column) be liable to be given, on conviction as mentioned in
column 3 of that Schedule, a sentence specified in the said
column 3.
8.—(l) The chief officer of police may at any time impose Conditions of
conditions subject to which the registration of any person as a registration
firearms dealer under section 8 of the principal Act is to have
effect and may at any time, of his own motion or on the application
of the dealer, vary or revoke any such condition.
(2) The chief officer of police shall specify the conditions
for the time being in force under this section in the certificate of
A2
CH. 44
4
Firearms Act 1965
registration granted to the firearms dealer under section 9 of the
principal Act, and where any such condition is imposed, varied or
revoked during the currency of a certificate of registration, the
chief officer of police shall give notice in writing to the dealer of
the condition or variation (giving particulars) or of the revocation,
as the case may be, and may by that notice require the dealer to
deliver up his certificate of registration to him within twenty-one
days from the date of the notice for the purpose of amending the
certificate.
(3) If the chief officer of police is satisfied that a person
registered as a firearms dealer has failed to comply with any of
the conditions of registration in force under this section, he may
remove from the register either that person's name or any place
of business of his to which that condition relates.
(4) A person aggrieved by the imposition or variation of, or
refusal to vary or revoke, any such condition shall have the
like right of appeal under section 8(5) of the principal Act as a
person aggrieved by the refusal of a chief officer of police to
register him as a firearms dealer; and the appeal shall lie to the
court of quarter sessions (or, in Scotland, to the sheriff) within
whose jurisdiction there is situated the appellant's place of
business in respect of which the condition is in force.
(5) It is hereby declared that the said section 8(5) and section
9(4) of the principal Act (procedure on removal of firearms
dealer from register) apply to the removal of a person's name
from the register under subsection (3) of this section as they apply
to any such removal under any provision of the principal Act,
and section 10(4) of that Act (appeals against removal of place of
business from register) shall apply to the removal of a place of
business from the register under the said subsection (3) as it applies
to such a removal under section 10(3) of that Act.
(6) Without prejudice to subsection (3) of this section, if
any person fails to comply with any of the conditions imposed
on him under this section he shall be liable on summary conviction
to imprisonment for a term not exceeding six months or to a
fine not exceeding two hundred pounds or both.
9.—(l) In the following provisions of the principal Act, that is
Miscellaneous
amendments to say, section 16(l)(a) (exception from the application of Part I
of principal
of that Act of shot guns, that is to say, smooth-bore guns having
Ct.
barrels not less than twenty inches in length) and section 24(1)
(prohibition on shortening such guns to less than twenty inches)
1962
49.
for the words "twenty inches" there shall be substituted the
words "twenty-four inches "; and accordingly a reference to
twenty-four inches shall be substituted for the reference to twenty
inches in the definition of shot gun in section 4 of the Air Guns
and Shot Guns, etc., Act 1962.
(2) Notwithstanding anything in the said section 16(1)(a),
sections 7 to 10, 12 and 13 of, and Schedule 2 to, the principal Act
Firearms Act 1965
CH. 44
(requirement for firearms dealers to register, and provisions with
respect to the registration of such dealers, their places of business
and their firearms transactions) shall have effect as if any reference
therein and in the definition of firearms dealer in section 32 of
that Act to firearms to which Part I of that Act applies included a
reference to shot guns; but—
(a) if it appears to the chief officer of police that a person
required to be registered as a firearms dealer carries on
a trade or business in the course of which he manufactures, tests or repairs component parts or accessories
for shot guns, but does not manufacture, test or repair
complete shot guns, and that it is impossible to assemble
a shot gun from the parts likely to come into that
person's possession in the course of that trade or
business, the chief officer of police may, if he thinks
fit, by notice in writing given to that person exempt
his transactions in those parts and accessories, so long
as the notice is in force, from all or any of the provisions
of subsections (1) and (2) of the said section 12 and
of the said Schedule 2; and
(b) in its application to shot guns so much of paragraph 3 of
the said Schedule 2 as requires particulars of the areas
in which the firearms certificates were issued to be
entered in the register of transactions kept under the
said section 12 shall be omitted.
(3) For section 21(1) of the principal Act (prohibition of
persons sentenced to preventive detention or corrective training
or to imprisonment for a term of three months or more from
possessing firearms and ammunition for five years after release)
there shall be substituted the following subsection:—
"(1) Subject to the provisions of this section—
(a) a person who has been sentenced to preventive
detention, or to imprisonment or to corrective
training for a term of three years or more, or who
has been sentenced to be detained for such a
term in a young offenders institution in Scotland,
shall not at any time have a firearm or ammunition in his possession; and
(b) a person who has been sentenced to borstal
training, to corrective training for less than three
years or to imprisonment for a term of three
months or more but less than three years, or who
has been sentenced to be detained for such a term
in a detention centre or in a young offenders
institution in Scotland, shall not at any time
before the expiration of the period of five years
from the date of his release have a firearm or
ammunition in his possession ".
5
6
1933 c. 12.
1937
7.
Interpretation.
CH. 44
Firearms Act 1965
(4) For section 21 (2)(a) of the principal Act (prohibition on exprisoners and others under licence from possessing firearms and
ammunition), in its application both to England and Wales and
to Scotland, there shall be substituted the following paragraph:—
"(a) is the holder of a licence issued under section 53 of the
Children and Young Persons Act 1933 or section 57 of
the Children and Young Persons (Scotland) Act 1937 ".
(5) The exemption in section 24(1) of the principal Act for
registered firearms dealers shall cease to have effect; but that
subsection shall not prevent any such dealer from shortening the
barrel of a smooth-bore gun for the sole purpose of replacing a
defective part of the barrel so as to produce a barrel of not less
than twenty-four inches in length.
(6) In section 25(1) of the principal Act (power of court to
order forfeiture of firearms on sentencing a person to imprisonment, etc.) for the words "or imprisonment" there shall be
substituted the words "imprisonment, borstal training or
detention in a detention centre or in a young offenders institution
in Scotland ".
1O.—(1) In this Act, except so far as the context otherwise
requires—
"air weapon"
1952 c. 55.
1937 c. 12.
means such a weapon as is specified in
section 1 6(1)(b) of the principal Act (that is to say, an
air gun, air rifle or air pistol not being of a type declared
by rules made by a Secretary of State under that Act
to be specially dangerous);
"imitation firearm" means anything which has the appearance of being a firearm (other than such a prohibited
weapon as is mentioned in section 17(1)(b) of the
principal Act) whether it is capable of discharging any
shot, bullet or other missile or not;
"indictable offence" has the same meaning as in the
Magistrates' Courts Act 1952, except that it does not
include an offence which is triable on indictment only
after one or more previous summary convictions thereof;
"land" includes land covered with water;
"principal Act" means the Firearms Act 1937;
"public place" includes any highway and any other
premises or place to which at the material time the
public have or are permitted to have access, whether
on payment or otherwise;
"shot gun" means such a weapon as is specified in section
1 6(1)(a) of the principal Act (that is to say, a smoothbore gun having a barrel not less than twenty-four
inches in length).
Firearms Act 1965
CH. 44
(2) For the purposes of this Act a shot gun or an air weapon
shall be deemed to be loaded if there is ammunition in the chamber
or barrel or in any magazine or other device which is in such a
position that the ammunition can be fed into the chamber or
barrel by the manual or automatic operation of some part of the
gun or weapon.
(3) References in this Act to any enactment shall, except
in SO far as the context otherwise requires, be construed as
references to that enactment as amended or applied by or under
any subsequent enactment including this Act.
Short title,
11.—(l) This Act may be cited as the Firearms Act 1965.
citation,
(2) The principal Act and this Act may be cited together as construction,
extent and
the Firearms Acts 1937 and 1965.
commencement.
(3) This Act shall be construed as one with the principal Act.
(4) Without prejudice to the last foregoing subsection, this
Act does not extend to Northern Ireland.
(5) Sections 1 to 6 of this Act shall come into operation on
the expiration of one month from the passing thereof, and
sections 7 to 9 of this Act shall come into operation on such
day as the Secretary of State may by order made by statutory
instrument appoint and different days may be appointed under
this subsection for different purposes.
7
Cii. 44
8
Firearms Act 1965
SCHEDULES
Section
SCHEDULE
1.
1
OFFENCES TO WHICH SECTION 1 OF THIS ACT AND SECTION 23(2) OF THE
PRINCIPAL ACT APPLY IN SCOTLAND
Common Law Offences
Abduction;
Administration of drugs with intent to enable or assist the commission
of a crime;
Assault;
Housebreaking with intent to steal;
Malicious mischief;
Mobbing and rioting;
Perverting the course of justice;
Prison breaking and breaking into prison to rescue prisoners;
Rape;
Robbery;
Theft;
Use of threats with intent to extort money or property;
Wilful fireraising and culpable and reckless fireraising.
1.
Statutory Offences
1824
1871
83.
112
1883 c. 3
1956 c. 26.
1960 c. 16.
2. Offences against such of the provisions of section 4 of the Vagrancy
Act 1824 as are extended to Scotland by section 15 of the Prevention
of Crimes Act 1871;
Offences against the third and fourth paragraphs of section 7 of the
said Act of 1871;
Offences against sections 2, 3 or 4 of the Explosive Substances Act
1883;
Offences against section 24 of the Police (Scotland) Act 1956;
Offences against section 217 of the Road Traffic Act 1960.
3.
Attempt
Attempt to commit any of the offences mentioned in this Schedule.
Firearms Act 1965
CH. 44
Section 7.
SCHEDULE 2
INCREASED SENTENCES UNDER PRINCIPAL ACT
Provision of
principal Act
Section l(2)(a)...
(Acquiring or possess-
Old sentence
On summary conviction, imprisonment,
ing firearms or
for a term not exceedammunition withing three months or a
out a firearm cerfine not exceeding £50
tificate or otherwise
or both.
than as authorised
by such a certificate).
9
New sentence
On summary conviction,
imprisonment for a
term not exceeding six
months or a fine not
exceeding £200 or
both; and on convic-
tion on indictment imprisonment for a term
not exceeding three
years or a fine or both.
On summary conviction,
imprisonment for a
term not exceeding six
months or a fine not
exceeding £200 or both.
Section 1(2)(b)...
On summary conviction, imprisonment
(Breach of conditions
for a term not exceedof a firearm certificate).
ing three months or a
fine not exceeding £50
or both.
Section 2(10)
On summary convic- On summary conviction,
imprisonment for a
(False statement for
tion, imprisonment
the purpose of profor a term not exceedterm not exceeding six
months or a fine not
curing the grant,
ing three months or a
exceeding £200 or both.
variation or renewal
fine not exceeding £20
of a firearm certior both.
ficate).
Section 4(13)
On summary convic- On summary conviction,
(False statement for
tion, imprisonment imprisonment for a
the purpose of profor a term not exceedterm not exceeding six
curing permit for
ing three months or
months or a fine not
exceeding £200 or both.
firearms or ammua fine not exceeding
nition).
£20 or both.
Section 7
On summary convic- On summary conviction,
(Manufacturing, dealtion, imprisonment
imprisonment for a
term not exceeding six
ing in, etc., firearms
for a term not exceedor ammunition ing three months or a months or a fine not
without being regisexceeding £200 or both;
fine not exceeding £20
and on conviction on
tered as a firearms
or both.
dealer, and false
indictment, imprisonstatement for the
ment for a term not
purpose of procurexceeding three years
ing an auctioneer's
or a fine or both.
permit).
Section 8(6)
On summary convic- On summary conviction,
(False statement for
tion, imprisonment
imprisonment for a
term not exceeding six
the purpose of profor a term not exceedcuring registration
ing three months or a
months or a fine not
as a firearms fine not exceeding £20 exceeding £200 or both.
dealer).
or both.
Firearms Act 1965
CH. 44
10
SCH. 2
Provision of
principal Act
Old sentence
New sentence
Section 10(5)
(Dealing in firearms at
unregistered places
of business; and
false statements in
On summary convic-
On summary conviction,
imprisonment for a
term not exceeding six
months or a fine not
exceeding £200 or both.
connection with
registration of
places of business
of firearms dealers).
Section 11
(Contravention of restrictions on disposal, repair and
testing of firearms
and ammunition;
and false firearm
certificates and false
statements for the
purpose of acquiring or procuring the
repair or testing of
firearms or ammunition).
Section 12(4)
(Failure to enter firearms transactions in
register, and false
entry in register).
Section 17(1)
(Manufacturing, dealing in or possession of automatic
and other prohibited weapons and
prohibited ammu-
nition without
authority).
Section 17(4)
(Breach of conditions
of authority for use
of automatic and
other weapons).
Section 19
...
...
(Restrictions on
acquisition by, and
disposal to, young
persons of firearms
and ammunition),
tion, imprisonment
for a term not exceeding three months or a
fine not exceeding £20
or both.
On summary convic-
tion, imprisonment
for a term not exceeding three months or a
fine not exceeding £20
or both.
On summary conviction,
imprisonment for a
term not exceeding six
months or a fine not
exceeding £200 or both;
and on conviction on
indictment imprisonment for a term not
exceeding three years
or a fine or both.
On summary convic- On summary conviction,
tion, imprisonment
imprisonment for a
for a term not exceedterm not exceeding six
ing three months or a
months or a fine not
fine not exceeding £20
exceeding £200 or both.
or both.
On conviction on in- On summary conviction,
dictment, imprisonimprisonment for a
ment for a term not
term not exceeding six
exceeding two years,
months or a fine not
and on summary conexceeding £200 or both;
viction imprisonment
and on conviction on
for a term not exceedindictment, imprisoning three months or a
ment for a term not
exceeding five years
fine not exceeding £20
or both.
or a fine or both.
On summary convic- On summary conviction,
tion, imprisonment
imprisonment for a
for a term not exceedterm not exceeding six
ing three months or a
months or a fine not
fine not exceeding £20
exceeding £200 or both.
or both.
On summary convic- On summary conviction,
tion, imprisonment imprisonment for a
for a term not exceedterm not exceeding six
ing three months or a
months or a fine not
fine not exceeding £20
exceeding £200 or both.
or both.
Firearms Act 1965
CH. 44
11
Scu.
Provision of
principal Act
Old sentence
New sentence
Section 21
...
...
(Possession of firearms or ammunition by persons convicted of serious
crime and disposal
thereof to, and repair thereof for,
such persons).
On summary convic-
On summary conviction,
tion, imprisonment
for a term not exceeding three months or a
fine not exceeding £20
or both.
imprisonment for a
term not exceeding six
months or a fine not
exceeding £200 or both;
and on conviction on
indictment, imprisonment for a term not
exceeding three years
or a fine or both.
Section 24
...
... On
conviction
on On summary conviction,
(Shortening shot guns
indictment, imprisonimprisonment for a
and converting imiment for a term not
term not exceeding six
months or a fine not
tation into real
exceeding one year or
firearms, and a fine not exceeding
and on conviction on
acquiring or posses£100 or both, and on
indictment, imprisonsing shortened shot
summary conviction
ment for a term not
guns and firearms
imprisonment for a
exceeding five years
so converted),
term not exceeding
three months or a fine
or a fine or both.
not exceeding £50 or
both.
PRINTED BY SIR PERCY FAULKNER, K.B.E., C.B.
Control]er of Her Majesty's Stationery Office and Queen's Printer of Acts of Parliament
2
CH. 44
Firearms Act 1965
LONDON: PUBLISHED BY HER MAJESTY'S STATIONERY OFFICE
(37507)
PRINTED IN ENGLAND
ISBN 0 105142832